Formalismo
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado Almeida & Leitão, Lda. , 2008 |
Páginas | 109-110 |
Page 109
Os factos vertidos na tréplica interessam, seguramente, à fundamentação da defesa. Sendo assim, como na realidade o é, aplicando-lhe o ínsito no n.º 2, do art. 151.º do C.P.C., deve a tréplica ser confeccionada em forma articulada.
Como, aliás, deverá suceder com os três articulados situados imediatamente antes, a saber: petição inicial, contestação e réplica.
E, também, como os mesmos, devendo enfeudar-se à estrutura: endereço, preâmbulo, narração e conclusão.
Vindo, logo depois, locais para requerimentos, para a juntada e, por fim, a assinatura do responsável pelo escrito.
Da juntada deve constar: a indicação do número de documentos a anexar, o suporte em papel quando for caso disso 181 e comprovativo da data da notificação ao mandatário judicial da contraparte. 182
Não havendo valor a indicar, como é óbvio, nem pagamento de qualquer taxa de justiça, poderá adoptar-se este modelo:
[ver página seguinte]
Page 110
MERITÍSSIMA JUÍZA DE DIREITO DO TRIBUNAL JUDICIAL DA COMARCA DE PÊSO DA RÉGUA
PROC. Nº ___/__
Filomena Gaspar Ricou,
ré no processo em referência, no qual é autor
Arturino Bigode Bastardo,
diz em
TRÉPLICA
o seguinte:
..............................
..............................
..............................
Junta: 2 documentos, suporte em papel e comprovativo da data da notificação ao mandatário judicial da contraparte (cfr. nº 1, art. 229º-A e nº 2, art. 260º-A, ambos do C.P.C.).
O Advogado,
Contr. nº ...
Cód. nº ...
-----------------------
[181] Cfr. art. 150.º C.P.C..
[182] Cfr. n.º 2, art. 260.º-A C.P.C., na...
Para continuar a ler
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